Who Is a Seaman Under the Jones Act
A federal statute known as the Jones Act allows employees to file negligence-based lawsuits against their maritime employers. However, in order to qualify under the Jones Act an injured maritime employee must meet the definition of a "seaman". The technical definition of a seaman states that the employee will be "more or less permanently assigned to a vessel or fleet of vessels in navigation." Each of the three main elements of this definition must be met in order for an injured maritime worker to qualify as a seaman under the Jones Act.
The first requirement that the maritime worker be more or less permanently assigned to the vessel is generally defined as requiring the worker to spend at least 30 percent of his working time aboard vessels. Many cases have addressed this issue and, over time, the courts have held that a worker who spends 30 percent or more of his time on vessels will meet this requirement of the Jones Act. It is commonly referred to as the "30 Percent Rule".
The second requirement of the definition of a seaman under the Jones Act states that the maritime worker must be assigned to a "vessel or fleet of vessels". Many structures including several that are not Coast Guard inspected will qualify as vessels under the Jones Act. In addition to the traditional vessel such as crew boats, supply boats and tug boats, many special purpose structures such as semi-submersible drilling rigs, drill ships and jack up drilling rigs as well as lift boats all qualify as vessels under the Jones Act. The United States Supreme Court has stated that any structure "practically capable of navigation" can qualify as a vessel under the Jones Act.
It should also be noted under the definition of vessel that the employee does not necessarily have to be assigned to one specific vessel. The Jones Act allows an employee to qualify as a seaman even if he is assigned to several vessels which constitute a fleet of vessels. However, there is a requirement that this fleet of vessels be under common ownership or control. In other words, typically individuals who are randomly assigned to vessels owned, operated and controlled by many different parties will have a difficult time establishing that they were assigned to a fleet of vessels under common ownership or control. Austin wireline workers as well as other specialized workers in the Gulf of Mexico face this challenge in satisfying the definition of a seaman under the Jones Act.
The last requirement of the definition of a seaman under the Jones Act states that the vessel must be "in navigation". This term is not technically defined, but rather much more broadly and generally defined under the Jones Act. In other words, as long as the vessel is performing some type of work that is in furtherance of its general purpose the courts will usually hold that the vessel is in navigation. For example, lift-boats and jack-up drilling rigs still qualify as vessels even though they are jacked up out of the water and actually drilling for oil or gas. The vessel does not need to be moving on the water in order to qualify as "in navigation".
If a maritime worker is injured at work it is critical that he file his claim under the Jones Act in order to recover general damages including pain and suffering, lost wages and loss of fringe benefits. The only way this worker can file his claim under the Jones Act is if he meets the definition of a "seaman" under the Act. The above three requirements are very important and should be discussed with a qualified maritime attorney. Many maritime companies will intentionally file and handle an employee's claim under the incorrect law rather than the Jones Act. It is up to the employee to research the law and determine if he can file his claim under the Jones Act in order to seek more recovery.
The first requirement that the maritime worker be more or less permanently assigned to the vessel is generally defined as requiring the worker to spend at least 30 percent of his working time aboard vessels. Many cases have addressed this issue and, over time, the courts have held that a worker who spends 30 percent or more of his time on vessels will meet this requirement of the Jones Act. It is commonly referred to as the "30 Percent Rule".
The second requirement of the definition of a seaman under the Jones Act states that the maritime worker must be assigned to a "vessel or fleet of vessels". Many structures including several that are not Coast Guard inspected will qualify as vessels under the Jones Act. In addition to the traditional vessel such as crew boats, supply boats and tug boats, many special purpose structures such as semi-submersible drilling rigs, drill ships and jack up drilling rigs as well as lift boats all qualify as vessels under the Jones Act. The United States Supreme Court has stated that any structure "practically capable of navigation" can qualify as a vessel under the Jones Act.
It should also be noted under the definition of vessel that the employee does not necessarily have to be assigned to one specific vessel. The Jones Act allows an employee to qualify as a seaman even if he is assigned to several vessels which constitute a fleet of vessels. However, there is a requirement that this fleet of vessels be under common ownership or control. In other words, typically individuals who are randomly assigned to vessels owned, operated and controlled by many different parties will have a difficult time establishing that they were assigned to a fleet of vessels under common ownership or control. Austin wireline workers as well as other specialized workers in the Gulf of Mexico face this challenge in satisfying the definition of a seaman under the Jones Act.
The last requirement of the definition of a seaman under the Jones Act states that the vessel must be "in navigation". This term is not technically defined, but rather much more broadly and generally defined under the Jones Act. In other words, as long as the vessel is performing some type of work that is in furtherance of its general purpose the courts will usually hold that the vessel is in navigation. For example, lift-boats and jack-up drilling rigs still qualify as vessels even though they are jacked up out of the water and actually drilling for oil or gas. The vessel does not need to be moving on the water in order to qualify as "in navigation".
If a maritime worker is injured at work it is critical that he file his claim under the Jones Act in order to recover general damages including pain and suffering, lost wages and loss of fringe benefits. The only way this worker can file his claim under the Jones Act is if he meets the definition of a "seaman" under the Act. The above three requirements are very important and should be discussed with a qualified maritime attorney. Many maritime companies will intentionally file and handle an employee's claim under the incorrect law rather than the Jones Act. It is up to the employee to research the law and determine if he can file his claim under the Jones Act in order to seek more recovery.
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Learn more about the definition of a seaman. Stop by Timothy Young's site where you can find out all about maritime lawand what it can do for you if you have been injured.
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